Notice Regarding Time Extension
UNITED STATES DISTRICT COURT
NOTICE REGARDING TIME EXTENSION
Pursuant to Section IV.B. of the proposed Final Judgment filed in this matter,(1) Plaintiff United States of America ("United States") submits this notice to the Court that it has extended the period for Defendants to divest the New Jersey Assets (as defined in Section II.I. of the proposed Final Judgment). Defendant Waste Management has requested, and the United States, after consultation with the State of New Jersey ("New Jersey"), has agreed to, an extension of time to allow Defendants to complete the divestiture of the New Jersey Assets.
With respect to the New Jersey Assets, the United States, after consultation with New Jersey, has agreed to an extension until January 6, 2004, by which time the Defendants shall submit to the United States and New Jersey, pursuant to Section VI.A. of the proposed Final Judgment, a definitive divestiture agreement for the sale of the New Jersey Assets. The United States reserves it right under the proposed Final Judgment to review and approve any divestiture agreement and approve the Acquirer of the New Jersey Assets.
Dated this 19th day of November, 2003.
I hereby certify that on this 19th day of November, 2003, I caused a copy of the foregoing Notice Regarding Time Extension to be served by electronic filing on Waste Management, Inc. and Allied Waste Industries, Inc., and by first class mail, postage prepaid, on the State of New Jersey at the addresses given below:
Counsel for Defendant Waste Management, Inc.
Counsel for Defendant Allied Waste Industries, Inc.
Counsel for Plaintiff State of New Jersey
1. Section IV.B. of the proposed Final Judgment provides as follows:
Defendants are ordered and directed, within ninety (90) calendar days after the approval by the New Jersey Department of Environmental Protection of Waste Management's request to acquire Allied's assets in New Jersey, to divest the New Jersey Assets in a matter consistent with this Final Judgment and state law to an Acquirer acceptable to the United States, in its sole discretion, after consultation with New Jersey. The United States, in its sole discretion, after consultation with New Jersey, may agree to an extension of this time period up to sixty (60) calendar days, and shall notify the Court in such circumstances.
Defendant Allied Waste Industries notified the United States that the New Jersey Department of Environmental Protection approved Waste Management's request to acquire Allied's assets in New Jersey on August 6, 2003.